{"id":78,"date":"2020-04-13T17:34:36","date_gmt":"2020-04-13T16:34:36","guid":{"rendered":"http:\/\/intercala.com\/blog-en\/?p=78"},"modified":"2020-04-13T17:34:37","modified_gmt":"2020-04-13T16:34:37","slug":"some-little-misunderstanding-about-general-assemblies","status":"publish","type":"post","link":"https:\/\/intercala.com\/blog-en\/2020\/04\/13\/some-little-misunderstanding-about-general-assemblies\/","title":{"rendered":"SOME LITTLE MISUNDERSTANDING ABOUT GENERAL ASSEMBLIES"},"content":{"rendered":"\n

            Many owners go to the\nadministration office asking for an EGM, thinking that the administrator is the\none to call for the meeting but, the horizontal property Law establishes that only\nthe president, or a group of people who owns more that a fourth of the whole community,\nwould be capable to call for a meeting. The president, or this group of people,\nwill have the power to order the administrator the agenda of the meeting, the\ntime and the place where the meeting would be hold. <\/p>\n\n\n\n

The summons of the meeting will indicated two different times to hold\nthe meeting, because in the first call it will be necesary to have in the\nmeeting more that half of the owners and coefficients of the whole community.\nShould you do not get this assistance in the meeting in the first call, the\nmeeting could be celebrated in the second call, half an hour later, without any\nminimum number of owners or coefficients as long this has been indicated in the\nsummons.<\/p>\n\n\n\n

            The administrator will\ncomply with the instructions and will notify to all the owners with a minimum\nadvance of 6 days for ordinary meetings. For extraordinary meeting the law only\nobliges to be received by the owners before the meeting.<\/p>\n\n\n\n

            Once in the meeting,\nthe owners could be represented by someone with his proxy and no matter if the\nrepresentative is or not another owner. The representative will have a vote for\nevery owner represented.<\/p>\n\n\n\n

            Debtors cannot vote if\nthey are on arrears at the time of the meeting. They will be consider a debtor\neven in the case that they give to the president or administrator a cheque or\nif they show a transfer made to the community but the money has not reached the\ncommunity account yet.<\/p>\n\n\n\n

            Every owner, presented\nor represented, will have only one vote, no matter how many properties they may\nhave. People own more than one property could have a higher coefficient but\nonly one vote. <\/p>\n\n\n\n

            Depending on the kind\nof agreement the community wants to approve, there will be a different quorum\nrequired:<\/p>\n\n\n\n

1.- Some agreements require the unanimous consent of the whole community\n( modification of the statutes, quota coefficients, etc), but this does not\nmean that all the owners should be present in the meeting. It would be\nunanimous if everybody in the meeting agree and the absentee owners to the\nmeeting do not notify officially to the administration their disagreement in 30\ndays time after knowing the agreement taken. <\/p>\n\n\n\n

2.- For the agreements that does not need the unanimity ( most of them)\nthe quorum required will be double, because the percentage in favour will have\nto be reached both in number of owners and coefficients. Two mains cases:<\/p>\n\n\n\n

  1. If the proposed agreement needs a special quorum ( for example 60% or\n3\/5 when the idea is to rent a communal element or having new services for the\ncommunity or change the aesthetical configuration of the building, etc.), this\npercentage will be counted over the total owners of the community and not on\nthe only ones present or represented in the meeting, but it will need the\ndouble majority of owners and coeffients, so if we get the majority in favour\nin the meeting but we do not get total mayority of the community, the votes of\nthe absentee owners to the meeting will be in general considered in favour if\nthey do not notify officially to the administration their disagreement in 30\ndays time after knowing the agreement taken. <\/li><\/ol>\n\n\n\n